Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations 87361 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0624; FRL–11517–02– 

OCSPP] 

Kasugamycin; Extension of TimeLimited Tolerance for Emergency 

Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation extends timelimited tolerances for residues of 

kasugamycin in or on almond and 

almond, hulls as identified in this 

document. This action is in response to 

EPA’s granting of an emergency 

exemption under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) authorizing use of this 

pesticide. In addition, the Federal Food, 

Drug, and Cosmetic Act (FFDCA) 

requires EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA. Further, EPA issued a final rule in 

the Federal Register of November 3, 

2023, that extended time-limited 

tolerances for multiple chemicals on 

various commodities in response to 

EPA’s granting of emergency 

exemptions. EPA inadvertently omitted 

the detailed instructions for the revision 

of the tolerances for kasugamycin. 

Therefore, EPA is issuing this final rule 

to rectify this omission. 

DATES: This regulation is effective 

December 18, 2023. Objections and 

requests for hearings must be received 

on or before February 16, 2024 and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0624, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/ccurrent/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2023–0624 in the subject line on 

the first page of your submission. All 

requests must be in writing and must be 

received by the Hearing Clerk on or 

before February 16, 2024. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2023–0624, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Background and Statutory Findings 

EPA issued a final rule, published in 

the Federal Register of October 8, 2020, 

(85 FR 63450) (FRL–10013–94), on its 

own initiative, in accordance with 

FFDCA sections 408(e) and 408(l)(6), 21 

U.S.C. 346a(e) and 346a(1)(6), 

establishing time-limited tolerances for 

residues of kasugamycin, (3–O-[2- 

amino-4-[(carboxyimino-methyl)amino]- 

2,3,4,6-tetradeoxy-a-D-arabinohexopyranosyl]-D-chiro-inositol), in or 

on almond at 0.04 parts per million 

(ppm); and almond, hulls at 0.4 ppm. 

These time-limited tolerances expire on 

December 31, 2023. 

EPA received a request to extend the 

use of kasugamycin for this year’s 

growing season. After having reviewed 

this submission, EPA concurs that an 

emergency condition continues to exist. 

EPA assessed the potential risks 

presented by residues of kasugamycin in 

or on the pertinent commodity. In doing 

so, EPA considered the safety standard 

in FFDCA section 408(b)(2) and decided 

that the necessary tolerances under 

FFDCA section 408(l)(6) would be 

consistent with the safety standard and 

with FIRA section 18. Further, EPA 

issued a final rule in the Federal 

Register of November 3, 2023 (88 FR 

75503) (FRL–11517–01–OCSPP) that 

extended time-limited tolerances for 

multiple chemicals on various 

commodities in response to EPA’s 

granting of emergency exemptions. EPA 

inadvertently omitted the detailed 

instructions for the revision of 40 CFR 


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87362 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations 

180.614 Kasugamycin; tolerances for 

residues. Therefore, EPA is issuing this 

final rule to correct this omission. 

The data and other relevant material 

have been evaluated and were discussed 

in the final rule that originally 

established the time-limited tolerances. 

Based on those data and information 

considered, the Agency reaffirms that 

extension of the time-limited tolerances 

will continue to meet the requirements 

of FFDCA section 408(l)(6). Therefore, 

the time-limited tolerances are extended 

until December 31, 2026. Although 

these tolerances will expire and are 

revoked on December 31, 2026, under 

FFDCA section 408(l)(5), residues of the 

pesticide not in excess of the amounts 

specified in the tolerances remaining in 

or on the commodities after that date 

will not be unlawful, provided the 

residues are present as a result of an 

application or use of a pesticide at a 

time and manner that was lawful under 

FIFRA, the tolerance was in place at the 

time of the application, and the residues 

do not exceed the level that was 

authorized by the tolerance. EPA will 

take action to revoke the tolerances 

earlier if any experience with, scientific 

data on, or other relevant information 

on this pesticide indicate that the 

residues are not safe. EPA will publish 

a document in the Federal Register to 

remove the revoked tolerances from the 

Code of Federal Regulations (CFR). 

Time-limited tolerances for the use of 

the following pesticide chemical on a 

specific commodity are being extended: 

Kasugamycin. Pursuant to a request 

by the California Department of 

Pesticide Regulation, EPA authorized 

under FIFRA section 18 the use of 

kasugamycin on almonds for control of 

bacterial blast in California. This 

regulation extends time-limited 

tolerances for residues of the pesticide 

kasugamycin and its metabolites and 

degradates in or on almond at 0.04 

(ppm); and almond hulls at 0.4 ppm for 

an additional 3-year period. The 

tolerances will expire and are revoked 

on December 31, 2026. 

III. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for kasugamycin in or on the commodity 

listed in this document. 

IV. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d). The Office 

of Management and Budget (OMB) has 

exempted these types of actions from 

review under Executive Order 12866, 

entitled ‘‘Regulatory Planning and 

Review’’ (58 FR 51735, October 4, 1993). 

Because this action has been exempted 

from review under Executive Order 

12866, this action is not subject to 

Executive Order 13211, entitled 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

This action does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.), nor does it require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established in accordance with 

FFDCA section 408(1)(6), such as the 

tolerances in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or Tribal 

governments, on the relationship 

between the National Government and 

the States or Tribal Governments, or on 

the distribution of power and 

responsibilities among the various 

levels of government or between the 

Federal Government and Indian tribes. 

Thus, the Agency has determined that 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: December 11, 2023. 

Charles Smith, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Amend § 180.614 in paragraph (b) 

by designating and revising the table to 

read as follows: 

§ 180.614 Kasugamycin; tolerances for 

residues. 

* * * * * 

(b) * * * 


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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations 87363 

TABLE 2 TO PARAGRAPH (b) 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Almond .................. 0.04 12/31/26 

Almond, hulls ........ 0.4 12/31/26 

* * * * * 

[FR Doc. 2023–27654 Filed 12–15–23; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Parts 301–10 and 301–70 

[Notice-MA–2023–07; Docket No. 2023– 

0002; Sequence No. 30] 

Federal Travel Regulation (FTR); 

Sustainable Transportation for Official 

Temporary Duty (TDY) Travel 

AGENCY: Office of Government-wide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Announcement of FTR bulletin. 

SUMMARY: FTR Bulletin 24–02 clarifies 

existing regulations for determining the 

method of transportation that is most 

advantageous to the Government and 

encourages Federal travelers to make 

sustainable, cost-effective transportation 

choices when conducting official TDY 

travel. 

DATES: Applicable December 18, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Jill 

Denning, Office of Government-wide 

Policy, Office of Asset and 

Transportation Management, at 

travelpolicy@gsa.gov, 202–208–7642. 

Please cite Notice of GSA Bulletin FTR 

24–02. 

SUPPLEMENTARY INFORMATION: The Office 

of Management and Budget (OMB) 

Memorandum M–24–05 ‘‘Catalyzing 

Sustainable Transportation Through 

Federal Travel’’ (issued December 14, 

2023) provides guidance for 

implementing Executive Order (E.O.) 

14057, Catalyzing Clean Energy 

Industries and Jobs through Federal 

Sustainability. OMB Memo M–24–05 

directs Federal agencies to prioritize 

sustainable transportation options for 

official travel whenever possible and 

lead by example as an organization 

working toward net-zero emissions 

operations by 2050. 

The FTR already encourages measures 

that promote sustainability, but the 

transition to clean energy provides 

additional opportunities for Federal 

travelers to support sustainable 

initiatives through the use of clean 

technologies. Title 5 of the United States 

Code (U.S.C.), section 5733, states in 

part ‘‘[t]he travel of an employee shall 

be by the most expeditious means of 

transportation practicable,’’ which the 

FTR expands upon by directing agencies 

to select the method of transportation 

most advantageous to the Government 

when cost and other factors are 

considered. Energy conservation is an 

element of sustainability and is one of 

several non-cost elements required to be 

considered by agencies when selecting 

the most advantageous method of 

transportation (FTR §§ 301–10.4, 301– 

70.100, and 301–70.101 (41 CFR)). 

GSA Bulletin FTR 24–02 can be 

viewed in its entirety at https://

www.gsa.gov/ftrbulletins. 

Krystal J. Brumfield, 

Associate Administrator, Office of 

Government-wide Policy. 

[FR Doc. 2023–27775 Filed 12–15–23; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 8360 

[BLM_UT_FRN_MO4500172882] 

Final Supplementary Rule for Roped 

and Aerial Activities in the Moab 

Canyons Special Wildlife Area (In and 

Near Mineral and Hell Roaring 

Canyons) in Grand County, Utah 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final supplementary rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is finalizing a 

supplementary rule for the Moab 

Canyons Special Wildlife Area (in and 

near Mineral and Hell Roaring Canyons) 

in Grand County, Utah, which prohibits 

rock climbing except when and where 

permitted, prohibits other roped and 

aerial activities, and prohibits the 

construction or installation of temporary 

structures. This rule will protect vital 

wildlife habitat from the impacts of 

roped and aerial recreational activities. 

DATES: This final supplementary rule is 

effective January 17, 2024. 

ADDRESSES: You may direct inquiries to 

the BLM Moab Field Office, 82 East 

Dogwood Avenue, Moab, UT 84532, or 

blm_ut_mb_mail@blm.gov. The final 

supplementary rule and accompanying 

environmental documents are available 

for inspection at the BLM Moab Field 

Office at the address listed above and on 

the ePlanning website: https://

eplanning.blm.gov/eplanning-ui/ 

project/1504945/510. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Jones, Moab Field Office 

Assistant Manager, 82 East Dogwood 

Avenue, Moab, Utah 84532, (435) 259– 

2100, or blm_ut_mb_mail@blm.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of Public Comments 

III. Discussion of Final Supplementary Rule 

IV. Procedural Matters 

V. Final Supplementary Rule for the BLM 

Moab Field Office 

I. Background 

The BLM is establishing this final 

supplementary rule under the authority 

of 43 CFR 8365.1–6, which allows state 

directors to establish supplementary 

rules for the protection of persons, 

property, public lands, and resources. 

This final supplementary rule applies to 

public lands managed by the Moab 

Field Office. A map of the management 

area and boundaries can be obtained by 

contacting the Moab Field Office (see 

ADDRESSES section above). 

The final supplementary rule will be 

available for inspection in the Moab 

Field Office or on the ePlanning 

website. 

The public lands managed by the 

BLM Moab Field Office in southeastern 

Utah are a domestic and international 

tourist destination hosting three million 

visitors per year. The Moab Canyons 

Special Wildlife Area, which consists of 

10,044 acres in and along the walls and 

rims of Mineral and Hell Roaring 

Canyons as well as on the canyon walls 

and rims along the Green River corridor 

connecting these two canyons, provides 

important habitat for the Mexican 

spotted owl (a federally threatened 

species); golden eagles and other 

raptors; Utah’s only endemic herd of 

desert bighorn sheep; and other wildlife. 

In recent years, roped and aerial 

recreational activities have increased in 

these canyons, putting wildlife and their 

vital habitats at risk. The goal of this 

supplementary rule is to protect vital 

wildlife habitat from the impacts of 

roped and aerial recreational activities. 

In June 2021, the BLM issued a 

Decision Record and Finding of No 

Significant Impact that prohibited rock 

climbing except when and where 


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I